Council Officers recommended removal of Clause 65, Model Aeroplanes, and the definition of “Model Aeroplane” from Clause 10 of the proposed Local Law. Although Council can technically have a Local Law to address model aeroplane operators on Council land, it was assessed to have limited practical impact. The Civil Aviation and Safety Authority (CASA) is the sole regulator of Model Aeroplane flight (including drones) across Australia, and CASA regulations will strengthen in 2022. Further information on this recommendation is provided in the May 2021 meeting agenda here.

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Following further consideration of submissions received from the community and other matters of clarification, at its June meeting, Council inserted a new clause in the Local Law and Local Law Guidelines as follows:

Local Law

65. Operation of Model Aircraft
(1) Council may prescribe Council Land or part of Council Land to be Council Land or part of Council Land on which a person must not operate or allow another person to operate a model aircraft without a permit.
(2) A person must not, without a permit, operate or allow another person to operate a model aircraft while on any Council Land or any part of Council Land prescribed under sub-clause (1).

Local Law Guidelines

In deciding whether to prescribe Council Land or part of Council Land as Council Land or part of Council Land on which a person must not, without a permit, operate or allow another person to operate a model aircraft, Council must take into account:
(1) the nature of the Council Land (or part of Council Land);
(2) whether the Council Land (or part of Council Land) is an environmentally sensitive area or habitat for wildlife;
(3) whether there are any flora or fauna on the Council Land (or part of Council Land); and
(4) the extent to which the Council Land (or part of Council Land) is frequented by members of the public, and by any animals under the control of members of the public.

In determining whether to grant a permit to allow the operation of model aircraft on Council Land or part of Council Land under clause 65, an Authorised Officer or a Delegated Officer must have regard to:
(1) the location the model aircraft is to be flown and proximity to other people, environmentally sensitive areas and wildlife habitats;
(2) the risk posed to the public, property and the environment; and
(3) any other matter the Authorised Officer or Delegated Officer reasonably believes is relevant to the application.

Council Officers recommended the removal of Sub-Clause 35(2) of the proposed Local Law which seeks to prevent the long-term storage of boats, trailers, caravans or campervans on roads and Council Land. While there are a low to moderate number of resident complaints regarding the issue which could justify inclusion of a clause, on balance, Council officers recommend removal of the clause as it will likely cause the issue to relocate to other streets and will be challenging to enforce. Further information on this recommendation is provided in the May 2021 meeting agenda here.

The definition for “Campervan” has also been removed from Clause 10, Definitions.

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Following further consideration of submissions received from the community and other matters of clarification, at its June 2021 meeting Council replaced Clause 35 with the following:

Local Law

35. Storage of Trailers, boats and caravans
A person must not, without a permit:
(1) keep or store any heavy vehicle or long vehicle upon any road or on any other property (whether private property or Council Land); or
(2) occupy any road or Council Land by storing on it any boat, trailer or caravan for a continuous period of 28 days or more or for more than 56 days in a period of three consecutive months.

Local Law Guidelines

In administering clause 35(2) of the Local Law, an Authorised Officer or a Delegated Officer is entitled to regard a boat, trailer or caravan as having continued to occupy a road or Council Land and to be stored there notwithstanding that the boat, trailer or caravan has been moved a short distance along the same road or Council Land in an attempt to demonstrate that the boat, trailer or caravan has been used and is not being stored.

In determining whether to grant a permit to occupy the road or Council Land under clause 35(2), an Authorised Officer or a Delegated Officer must consider any exceptional circumstances, the duration of time proposed, the impact on amenity, safety and parking in the relevant area, the likely effect on occupiers of adjoining properties and any other matter that the Authorised Officer or a Delegated Officer reasonably believes is relevant to the application.

Note: Council seeks to ensure boats, trailers or caravans are not stored for long periods on reads or Council Land unless in exceptional circumstances.

A definition for “Abandoned” is included in Clause 10, Definitions, to help with clarifying Abandoned Vehicles, as means a vehicle which:

(a) has no number plates;

(b) is unroadworthy; or

(c) has not been moved from the road or Council Land on which it stands for 60 days or more.

Note: Vehicles which appear unroadworthy will be referred to the appropriate authority for further assessment. In the event that the vehicles are determined to be unroadworthy by the authority the vehicles would be considered “abandoned” and therefore removed.

The proposal to extend the current foreshore smoking ban to cover the entire foreshore reserve area continues to be supported by the Bayside community. You can view the proposed extended smoking ban area here.

The proposed Liquor restriction for the Red Bluff Cliffs Foreshore Area, as seen on a map here, has been proposed pursuant to the provisions of Clause 58(2) at the request of Victoria Police regarding concerns with large alcohol-fuelled parties occurring on a portion of the foreshore at northern end of Half Moon Bay at the Red Bluff Cliffs. Twelve submissions directly opposing Liquor restrictions for the Red Bluff Cliffs area were received, and one was in support.

The proposed Liquor restrictions are as follows:

A person must not, while in or on that municipal reserve (including the road) or in any motor vehicle within the municipal reserve:

(a) consume any liquor; or

(b) have in his or her possession or control any liquor other than liquor in a container with an unbroken seal

at any time or on any day.

It is also proposed that any Officer of Victoria Police is authorised to enforce Clause 58, Consumption and Possession of Liquor on Municipal Reserves, of the new Local Law as provided for under Section 224A of the Local Government Act 1989.

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Following further consideration of submissions received from the community and other matters of clarification, at its June 2021 meeting Council prescribed a reduced area at Red Bluff Cliffs in Half Moon Bay a liquor-free area. This was to ensure the area did not cover the picnic tables at the top of the cliff. See the amended map of this area.

The wording of Clause, 27, Animal Excrement and Conduct, has been amended to remove the reference to “disturb” Council Land at Cl. 27(1)(b) and insert Cl. 27(2) which allows animals to dig sand at a beach.

A new sub-clause at 85(2) in the Impounding clause has been added to ensure the impounding provision cannot be used for offences of Clause 27, Animal Excrement and Conduct. This is in response to concerns that breaches of Clause 27 could result in enforcement action including impounding and possible destruction of an animal. This is not Council’s intention or practice for these types of offences. Please note that impounding of dogs is done under the Domestic Animals Act for serious issues such dog ‘at large’ or serious attacks.

The infringement notice penalty for the illegal destruction, damage or removal of a Significant or Protected Tree has been increased to $1,000 per offence to strengthen fines for offences not prosecuted but where a fine is appropriate. The maximum fine a court can order is $2,000 for a Local Law offence and this maximum fine can still be sought by Council Officers. Further information on this recommendation is provided in the meeting agenda.

The infringement notice penalty for the illegal cutting, trimming or pruning of a Significant or Protected Tree has been increased to $500 per offence to strengthen fines for offences not prosecuted but where a fine is appropriate.

Clause 24, Vegetation on Nature Strips, has been amended to allow for Council permission for plantings which do not comply with the Local Law Guidelines. This is to ensure existing non-conforming plantings are not inadvertently caught up in the new Local Law and to allow for consideration of suitable alternative plantings with Council permission.

Clause 12(1)(c), Unsightly and Dangerous Properties, has been amended to reflect the current Local Law’s provisions to exempt Australian grasses as follows: “does not contain undergrowth, scrub, bracken, stubble, grass or weeds, whether dead or alive, in excess of 300mm in height and whether standing or not standing (but excluding the natural height of Australian grasses cultivated in a planned or landscaped garden as well as Municipal Reserves maintained under an approved management plan)”.

A definition for “Fire Hazard” has been included Clause 10, Definitions, for clarification.